RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/TPR/G/223 
7 October 2009  
 
(09-4736) 
Trade Policy Review Body Original: French 
   
 
  
 
TRADE POLICY REVIEW 
 
Reports by 
 
NIGER AND SENEGAL 
 
  
 
Pursuant to the Agreement Establishi ng the Trade Policy Review Mechanism 
(Annex 3 of the Marrakesh Agreement Establishing the World Trade 
Organization), the policy statements by Niger and Senegal is attached. 
 
 
Note: These reports are subject to restricted circulation and press embargo until the end of the first 
session of the meeting of the Trade Policy Review Body on Niger and Senegal. Niger and Senegal WT/TPR/G/223 
 Page 3 
 
 
CONTENTS 
 
  Page 
REPORT BY NIGER  9 
I. INTRODUCTION 9 
II. MACROECONOMIC FRAMEWORK 9 
III. TRADE POLICY OBJECTIVES AND INSTRUMENTS 10 
(1) T ARIFF POLICY  11 
(2) E LIMINATION OF QUANTITATIVE RESTRICTIONS  11 
(3) S IMPLIFICATION OF FOREIGN TRADE PROCEDURES  11 
(4) E XCEPTIONAL MEASURE  11 
(5) F OREIGN TRADE POLICY  12 
(i) Niger and the multilateral trade system 12 
(a) Agriculture 12 
(b) Market Access for No n-gricultural Products 12 
(c) Services 12 (d) Intellectual Property 12 
(e) Rules 13 
(f) Trade Facilitation 13 
(g) Aid for Trade 13 
(h) Special and Differential Treatment 13 
(ii) Bilateral and region al trade agreements 13 
IV. IMPROVEMENT OF THE BUSINESS ENVIRONMENT 13 
(1) I
N THE JUDICIAL AREA 13 
(2) I N THE FINANCIAL AREA 14 
(3) I MPROVING THE COMPETITIVENESS OF ENTERPRISES  15 
(4) T AX REFORM  15 
(5) A  BETTER FRAMEWORK FOR THE PROTECTION OF INTELLECTUAL PROPERTY  16 
(6) A  BETTER FRAMEWORK FOR STANDARDIZATION  16 
(7) I MPROVED INVESTMENT PROMOTION  16 
(8) G OVERNMENT PROCUREMENT AND THE NEW CHANGES  17 
V. AMBITIOUS PROJECTS 18 
(1) B UILDING AND PUBLIC WORKS , INFRASTRUCTURE  18 
(2) T ELECOMMUNICATIONS AND NEW TECHNOLOGIES  18 
(3) T RANSPORT  19 
(4) E NERGY AND MINES 20 
(5) A DMINISTRATIVE SYSTEMS :  A POLICY OF PROXIMITY AND DECONCENTRATION  21 WT/TPR/G/223 Trade Policy Review 
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Page 
VI. NEW SECTORAL IMPETUS 22 
 (1) S USTAINED GROWTH OF TOURISM  22 
(2) D EVELOPMENT OF INDUSTRY AND SERVICES  22 
(3) A N AMBITIOUS RURAL DEVELOPMENT STRATEGY (RDS) 23 
(4) D EVELOPMENT OF THE CRAFTS SECTOR  23 
(5) D ISTRIBUTION OF GOODS AND SERVICES  23 
(6) E XPORT DEVELOPMENT AND PROMOTION POLICY  23 
(7) F ORMULATION AND REVIEW OF TRADE POLICIES  24 
 
REPORT BY SENEGAL  25 
I. INTRODUCTION 25 
II. ECONOMIC SITUATION AND OUTLOOK 25 III. SECTORAL POLICIES 26 
3.1 A
GRICULTURAL SECTOR  26 
3.2 I NDUSTRY AND SME S 27 
3.3 M INING AND ENERGY  27 
3.4 T OURISM AND HANDICRAFTS  27 
3.5 T ELECOMMUNICATIONS  28 
3.6 I NFORMAL SECTOR  28 
IV. IMPROVEMENT OF THE BUSINESS CLIMATE AND NATIONAL DEVELOPMENT 
STRATEGIES 28 
4.1 I MPROVEMENT OF THE BUSINESS CLIMATE  29 
- Improvement of Customs Procedures 29 - Improvement of Judicial Procedures 29 
- Coordination in the area of intellectual property 30 
- Standardization policy 30 - Reform of government procurement based on good governance 31 
- Strengthening of investment promotion 32 
4.2 NATIONAL
 DEVELOPMENT  STRATEGIES 32 
- Poverty Reduction Strategy Paper 32 
- Accelerated growth strategy 32 
- Export development and promotion strategy 33 - Private sector support policy 33 Niger and Senegal WT/TPR/G/223 
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  Page 
V. SENEGAL'S PARTICIPATION IN INTERNATIONAL TRADE NEGOTIATIONS 33 
5.1 N EGOTIATIONS WITHIN THE WAEMU  AND ECOWAS 34 
- Finalization of the Common External Tariff (CET) 34 - Fiscal transition 34 
5.2 N
EGOTIATION OF THE ECONOMIC PARTNERSHIP AGREEMENT  34 
5.3 N EGOTIATIONS AT THE WTO 35 
- Concerns and positions of Senegal 35 
- Technical assistance needs (supporting action matrix) 36 
 
 Niger and Senegal WT/TPR/G/223 
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LIST OF ACRONYMS FOR THE REPORT BY SENEGAL 
 
 
ACP African, Caribbean and Pacific States 
ADEPME SME Development and Management Agency 
APIX Agency for the Promotion of Investment and Major Public Works ARMP Government Procurement Regulatory Authority 
ASEPEX Senegalese Agency for Export Promotion 
ASN Senegalese Standards Association 
BCEAO Central Bank of West African States 
BCEF Business Advice and Facilitation Office BNLPC Bureau to Combat Piracy and Counterfeiting 
CET Common External Tariff 
CMP Government Procurement Code COA  Code of Government Obligations 
CPI Presidential Investment Council 
DCMP Central Procurement Directorate DTIS Diagnostic Trade Integration Study 
ECOWAS Economic Community of West African States 
EPA Economic Partnership Agreement FDI Foreign direct investment 
GDP Gross Domestic Product 
GOANA  Major Agricultural Offensive for Food Security 
ICT Information and Communication Technologies 
LPSDST Tourism Development Sector Policy Letter 
LPS-PA Fisheries and Aquacu lture Sector Policy Letter 
MDGs Millennium Development Goals 
OHADA Organization for the Harmonization of Business Law in Africa 
PAPED EPA Development Programme 
PRI Policy of Industrial Reorganization  
PROLABEL Handicraft Pro ducts Labelling Programme 
PRSP Poverty Reduction Strategy Paper 
PSDT Strategic Tourism Development Plan 
RCCM Trade and Personal Property Credit Register REVA Return to Agriculture Plan 
SDSP Private Sector Development Strategy 
SIAR Automated Risk Analysis System SMEs Small and Medium-Sized Enterprises 
SSM Special Safeguard Mechanism 
STRADEX Export Development and Promotion Strategy WAEMU West African Economic and Monetary Union 
WTO World Trade Organization 
 
 Niger and Senegal WT/TPR/G/223 
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REPORT BY NIGER 
 
I. INTRODUCTION 
1. Niger is a Sahelian country covering an area of 1,267,000 km² of which two thirds are located 
in the Saharan zone.  It is a land- locked country of West Africa, bordering on Algeria and Libya in the 
north, Chad in the east, Nigeria and Benin in the so uth and Burkina Faso and Mali in the west.  Thus, 
it acts as a link between the countries of the north of the Sahara and those of the south. 
2. Niger's population was estimated at 13.9 million in 2008 as compared to 7 million in 1988, 
giving an annual average growth rate of 3.3 per cent.  The average age is extremely young, with 
47.6 per cent of the population under 15 years old. 
3. The informal sector accounts for a predominant sh are of the country's GDP structure (74.9 per 
cent of GDP and more than 80 per cent of the ac tive population).  Average annual growth reached 
5.6 per cent during the period from 2005 to 2008 thanks not only to the adequate rainfall, but also to the implementation of a series of structuring programmes such as the Accelerated Development and Poverty Reduction Strategy, the Rural Deve lopment Strategy, the National Indicative 
Programme (NIP) 9
th EDF, etc. 
4. Politically, Niger is a democratic and so cial republic governed by a Constitution. 
5. Socially, the priority given to health and education has helped to provide the rural areas with 
basic social infrastructure.  As a result of these choices, social indicators have improved significantly 
over these past few years.  The infant mortality rate fell from 123.1 per thousand in 1998 to 81 per 
thousand in 2006, while the child mortality rate fell from 273.8 to 198 per thousand.  The maternal 
mortality rate stood at 648 deaths per 100,000 live births in 2006 compared to 652 in 1992.  On the 
education front, there was a remarkable rise in th e gross primary enrolment ratio, which climbed from 
41.7 per cent in 2002 to 62.6 per cent in 2008.  Meanwh ile, the rate of access to drinking water rose 
from 43 per cent in 2000 to 68.7 per cent in 2005.  Si milarly, the rate of coverage of drinking water 
needs in rural areas reached 62 per cent in  2007, as against 55 per cent in 2001. 
6. Niger remains convinced of the role that trade can play in speeding up its development, and is 
therefore steadfastly pursuing its efforts to achieve  harmonious integration w ith the regional economic 
and trade associations, WAEMU and ECOWAS, who se member States are committed to harmonizing 
the mechanisms and instruments governing trade lib eralization and customs union.  The aim is to 
"strengthen the competitiveness of economic and fina ncial activities in member States within an open 
and competitive market with a rationalized and harmonized legal structure". 
II. MACROECONOMIC FRAMEWORK 
7. Over these past few years, Niger's economic and financial developmen t has been relatively 
modest, with the exception of 2008, when economic  growth reached 9.5 per cent, as compared to 
3.7 per cent in 2007.  This figure exceeds the average recorded over the past three years (5.5 per cent).  
The recovery in 2008 was due both to the good performance of the primary sector (in particular 
agriculture) and to the surge in investment, both private and public.  However, with an estimated 
growth rate of 3 per cent, the outlook for 2009 is not as bright.  This could be due to the stagnation of 
agricultural production and, to a lesser extent, the im pact of the international economic and financial 
crisis. 
8. Since its last trade policy review in 2003, Nige r has pursued its policy of structural reform 
and economic liberalization with th e help of its main developmen t partners (World Bank, IMF, WT/TPR/G/223 Trade Policy Review 
Page 10 
 
 
European Union, etc.).  Thanks to these major ec onomic and financial reform s, Niger has been able, 
inter alia : 
(a) To reach, in April 2004, the completion point of the Heavily Indebted Poor Countries 
Initiative and to qualify for the Multilateral Debt Relief Initiative in 2006; 
(b) to sign up for the Millennium Challe nge Account Threshold Programme of the 
United States in November 2006; 
(c) to develop and implement an econom ic development strategy known as the 
Accelerated Development and Poverty Reduction Strategy (ADPRS), which constitutes its economic, financial and so cial policy reference framework for the 
period 2008-2012.  The ADPRS should enab le Niger to attain the Millennium 
Development Goals (MDGs). 
9. At the same time, the Government of Niger plans to pursue its policy of strengthening basic 
infrastructure and focusing on major public works with  a view to achieving its main objective, namely 
the reduction by half of the proportion of people living below the poverty line by 2015. 
10. Generally speaking, Niger's economic, fiscal and financial policy has been formulated with a 
view to respecting the convergence criteria define d by the West African Economic and Monetary 
Union (WAEMU).  On the whole, there has been a marked improveme nt in the development of the 
convergence criteria.  All four primary criteria and two of the secondary criteria (ratio of wage bill to 
tax revenue and ratio of domestically financed public  investment to tax revenue ) were respected in 2007. 
11. The inflation rate over the period 2003-2008, for its  part, fluctuated considerably, with peaks 
in 2005 (7.8 per cent) and 2008 (11.3 per cent) compared to 0.1 per cent in 2006 and 0 per cent in 2007. 
12. Meanwhile, the investment rate hovered around 24 per cent between 2005 and 2008. 
13. Finally, it should be stressed that when it co mes to foreign trade, Niger remains a country 
open to the rest of the world.  Indeed, the foreign trade coverage rate stabilized at about 60 per cent 
for the period in question.  Overall, Niger's trad e balance showed a deficit, attributable to the 
predominance of imports over expor ts.  However, with the implementation of the Poverty Reduction 
Strategy, the Rural Development Strategy and th e DTIS Action Matrix, and with the growth in 
exports of mining products (several agreements on mineral exploration and exploitation were signed 
in 2008), there should be a significant improvement in Niger's trade balance by 2012. 
III. TRADE POLICY OBJECTIVES AND INSTRUMENTS 
14. Niger has set itself the following trade policy objectives: 
 - To stabilize the business climate; 
  - to create conditions for healthy competition and business competitiveness;   - to improve the quality of products; 
 
 - to promote exports by developing the exportable supply;   - to improve access to credit;  Niger and Senegal WT/TPR/G/223 
 Page 11 
 
 
 - to create an environment that is attractive to investors. 
 
(1) TARIFF POLICY  
15. Since 1 January 2000, Niger has effectively been applying the WAEMU Common External 
Tariff.  The following import duties are applied: 
• Category 0 = 0 per cent (special products , such as books, newspapers, hygienic 
articles of rubber, wheelchairs for the disabled); 
• Category 1 = 5 per cent (feed stock, breeding animals, industrial machinery, etc.); 
• Category 2 = 10 per cent (semi-finished goods, industrial inputs, etc.); 
• Category 3 = 20 per cent (finished goods). 
 The statistical fee is 1 per cent. 
  The Community Solidarity Levy is 1 per cent for WAEMU as is the ECOWAS Community 
Levy. 
  The Value Added Tax (VAT) rate is 19 per cent.   The digressive protection tax (TDP) and the 
special import tax (TCI) constitute an additional protective mechanism.  (2) E
LIMINATION OF QUANTITATIVE RESTRICTIONS  
16. Quotas and quantitative restrictions we re abolished with liberalization. 
17. Niger introduced a national strategy to prevent and combat avian influenza.  It set up a special 
committee for that purpose in November 2005, and prohibited the importation of poultry and poultry 
products from the infected countries the following December. 
18. The prohibition on the exportation of  seed cotton remains in force. 
(3) SIMPLIFICATION OF FOREIGN TRADE PROCEDURES  
19. The simplification of procedures plays a strate gic role in the reforms being undertaken.  
Foreign trade was liberalized in 1990 with the adop tion of Decree No. 90-146 of 10 July 1990.  Since 
2007, the importation of products that deplete the oz one layer has been subjected to licensing.  To 
help speed matters up, Niger has continued to st reamline foreign trade procedures by introducing a 
number of windows. 
(4) EXCEPTIONAL MEASURE  
20. In response to the sharp rise in prices in the wa ke of the world food crisis, Niger temporarily 
suspended the collection of import duties and taxes on certain staple goods such  as rice, sugar, wheat 
flour, milk and oil. WT/TPR/G/223 Trade Policy Review 
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(5) FOREIGN TRADE POLICY  
(i) Niger and the multilateral trade system 
21. Niger attaches considerable importance to concluding the Doha Development Agenda and 
resolving the world economic crisis.  It has therefore ta ken an approach that shou ld help to ensure that 
export subsidies are eliminated and domestic s upport to farmers in the developed countries 
considerably reduced, while at the same time improvi ng aid for trade and, in particular, strengthening 
the integrated framework for trade-related technical assistance. 
22. As part of the effort to build up its capacity to  negotiate and to formulate and implement trade 
policy, Niger issued Order No. 2009-09/MCI/N/DCE of 19 February 2009 creating an 
inter-institutional technical advisory committee to assi st with its trade policy.  This committee is 
sub-divided into four sub-committees, including th e pluridisciplinary sub-committee to follow up the 
implementation of the Uruguay Round agreements, introduced by Decision No. 07/MCI/N/DCE of 1 April 2009. 
(a) Agriculture 
23. Niger reaffirms its will to work towards a broa der opening up of agricultural markets, while 
stressing that foreign trade in agriculture has not improved to the extent expected, particularly as 
regards exports. 
 While Niger does not grant any production subs idies, it does provide advisory support to 
farmers.  
(b) Market Access for Non-Agricultural Products 
24. Niger bound certain tariff lines for non-agricultural products upon accession to the WTO.  At 
the same time, in the framework of regional and subr egional integration, efforts to harmonize tariffs 
led to the implementation of the Common External Tariff (CET) at the WAEMU and ECOWAS levels. 
(c) Services 
25. Niger attaches particular importance to the liberalization of certain services sectors such as 
telecommunications, tourism and hotel services.  The principle of special and differential treatment must be maintained in order to enable the LDCs  to increase their share in world trade in services. 
26. Niger has bound some of these reform measures in  the framework of its initial offer on trade 
in services. 
(d) Intellectual Property 
27. In the intellectual property area, Niger re lies above all on the Bangui Agreement which 
represents its national legislation on industrial prope rty.  For copyright matters , already governed by a 
number of texts, it set up the Niger Copyright Office ( Bureau Nigérien du Droit d'Auteur  - BNDA). Niger and Senegal WT/TPR/G/223 
 Page 13 
 
 
(e) Rules 
28. Niger has a number of legal, legislative and regu latory texts whose aim is to make rules more 
flexible and transparent as provided for by the WTO.  The origin of these texts is national, 
subregional, regional and multilateral. 
(f) Trade Facilitation 
29. Niger values the negotiations on trade facilitati on because they contribute to the development 
of international trade flows and the elimination of barriers to trade.  Some of the measures adopted 
under the structural adjustment programmes go be yond its multilateral commitments in the area of 
foreign trade procedures, in particular as regards import and export formalities. 
30. A national trade facilitation co mmittee was created in April 2009 to determine the action 
needed to implement the measures and to define the country's negotiating positions. 
(g) Aid for Trade 
31. Niger is working towards ensuring a substantial in crease in aid for trade.  It also supports the 
idea that this aid for trade should not be linked to  the ongoing Doha development negotiations in the 
WTO. 
(h) Special and Differential Treatment 
32. Niger is particularly interested in operationa l special and differential treatment that could 
genuinely help the LDCs to raise their level of de velopment and join the international trading system. 
(ii) Bilateral and regional trade agreements 
33. Since its last trade policy review in 2003, Nige r signed a trade and investment agreement with 
Nigeria;  and with a view to creating an envir onment conducive to the development of trade with 
other countries, through WAEMU it also signed an agreement with the United States and embarked 
on the negotiation of trade and investment agreem ents with Morocco, Algeria, Tunisia and Lebanon. 
IV. IMPROVEMENT OF THE BUSINESS ENVIRONMENT 
34. Since its last review, Niger has embarked on a policy of reforms aimed at improving the 
business environment. 
(1) IN THE JUDICIAL AREA 
The following reforms were undertaken: 
 35. Reform of the penal code  and penal procedure. 
36. Adoption of fundamental legislation to ensure that justice is dispensed (Law on Judicial 
Organization, Law Governing the Legal Professi on, Judicial Organization Law, Organic Law 
No. 2007-07 of 13 March 2007 creating the Court of C assation, creation of the Court of Audit, and 
Organic Law No. 2007-06 of 13 March 2007 creating the Council of State and determining its 
composition, organization and responsibilities).  At th e same time, the new St atute of Magistrates, 
adopted in 2007, improved the status of magistrates, thus making it easier to implement the reforms.  
Incorporation into domestic law of legal provisi ons deriving from international commitments and, WT/TPR/G/223 Trade Policy Review 
Page 14 
 
 
direct applicability of community commitm ents assumed under the Organization for the 
Harmonization of Business Law in Africa (OHADA) (Uniform Acts) or WAEMU (directives on money laundering, for example). 
37. In parallel with these reforms to the texts, the Ministry of Justice published codes, reference 
documents that were distributed throughout the judi cial system and disseminated to the public through 
partnerships with civil society associations. 
38. As regards the judicial framework, the followi ng main reforms were undertaken:  creation of 
a department of judicial studies within the ENAM (National School of Administration) tasked with 
providing basic training for judges, and a parallel commitment by the Niger Government to recruit 
these newly trained judges (between 2003 and 2008, 129 judges were trained at ENAM and joined the 
profession);  and on-the-job training of judges and clerks to build the capacity of existing staff to handle new challenges.  As part of the process of improving the judicial system, new courts and bodies were created:  these included the Special Court of First Instance (of Niamey) and the Courts of First Instance of Konni, Artlit, Diffa and Tillabéri;  and the creation of new regional courts in Aguié, 
Guidan-Roumji, Madarounfa, Mayahi, Tessaoua an d Dakoro.  The control bodies, such as the Conseil 
Supérieur de la Magistrature  (Higher Council of the Judiciary) - whose membership increased - and 
the Inspection Générale des Services Judiciaires  - IGSJ (General Inspectorate of Judicial Services), 
were also strengthened. 
39. To improve access to justice, and in particular to judicial defence, lawyers organized "defence 
caravans" in the different jurisdictions and the Mini stry of Justice took steps to help lawyers to set 
themselves up in the interior of the country, including tax breaks as provided for in Law No. 2004-42 
of 8 June 2004 Governing the Legal Profession.  Efforts were also made in partnership with civil 
society organizations (legal clinics, education and legal counsel) to increase awareness of existing 
rights and remedies.  The introduction of legal advisors  in prisons to ensure that prisoners were aware 
of their rights and the creation of reception and info rmation points in the Courts of First Instance to 
advise users of the courts contributed to bringi ng the system of justice closer to the people. 
40. In the criminal area, there were major chang es in the philosophy of punishment with the 
introduction of alternatives to im prisonment (suspended sentences w ith a trial period) and specific 
treatment of minors through the Programme de  Protection Judiciaire Juvénile  (Juvenile Judicial 
Protection Programme) and the establishment, on an experimental basis, of community service for 
minors in 2006. 
41. Regarding the judicial police, training of the police forces and the FNIS (National 
Intervention and Security Forces), particularly in th e area of human rights, has helped to reinforce 
human rights protection. 
42. Prison conditions improved thanks to an increase in penitentiary system's budget coupled with 
the creation of new prison facilities, for example Koutoukalé or Guidan-Roumji;  the restoration of 
many other facilities;  the creation of separate faciliti es for minors;  the development, with the help of 
the NGOs, of social-cultural and rehabilitation ac tivities in these establishments;  and finally, the 
professionalization of the actors concerned through  the development of a training programme for 
prison staff, thereby contributing to the protection of prisoners' rights. 
(2) I
N THE FINANCIAL AREA 
43. Niger's financial system is made up of banking  and micro-finance institutions, of which the 
country currently has 11 in operation:  SONI BANK, BIA, BOA, BCN, ECOBANK, BINCI, BSIC, Niger and Senegal WT/TPR/G/223 
 Page 15 
 
 
BRS, the Banque Atlantique , the Société Sahélienne de financement  (SAFI-SA of the TANIO group), 
and the Crédit du Niger . 
44. A significant reform of this sector was launche d in the overall framework of the government's 
economic strategy, which aims to create the necessa ry conditions for strong and sustainable growth 
under the Accelerated Development and Poverty Redu ction Strategy (ADPRS).  The reform sets out, 
in particular, to develop micro-finances in orde r to provide rural populations with local access to 
credit and to encourage banks to take account of  the productive sector, especially agriculture, in 
granting loans. 
(3) IMPROVING THE COMPETITIVENESS OF ENTERPRISES  
45. Niger has taken steps to improve the competitiv eness of its enterprises, including the creation 
of the venture capital firm "Sinergie", the creation of the Banque Régionale de solidarité  (BRS), the 
establishment of the Bureau de Restructuration et de Mise à Niveau des Entreprises  (Office for the 
Restructuring and Upgrading of Enterprises) and the development of several standards. 
(4) TAX REFORM  
 A number of important fiscal measures we re taken between 2003 and 2008, namely: 
 
National legislation: 
 
46. Law No. 2007-36 of 10 December 2007 - financial law for the fiscal year 2008 - introduced a 
profit tax (ISB) on business, non-business and other profit-making activities, merging the schedular 
tax on industrial and business profits (IC/B IC) and the schedular tax on non-business 
profits (IC/BNC).  This law lays down the scope of  the ISB and the modalities for determining the tax 
base and how it should be collected. 
47. As regards profit tax and valu e added tax, companies are now subject either to the régime réel 
normal d'imposition  (standard tax regime) or to the régime réel simplifié d'imposition (simplified tax 
regime), or to the business licence tax ( patente synthétique ). 
Community texts: 
 
48. Directive No. 01/2008/CM/UEMOA of 28 Marc h 2008 on the harmonization of modalities 
for the determination of the taxable result for legal entities within WAEMU; 
49. Directive No. 05/2008/CM/UEMOA of 26 September 2008 on the harmonization of the tax 
regime for the reserves reported by banks and fi nancial institutions in accordance with banking 
regulations; 
50. Directive No. 08/2008/CM/UEMOA of 26 Septembe r 2008 on the harmonisation of the rates 
of taxes levied on the profits of legal entities in WAEMU member States; 
51. Regulation No. 08/CM/UEMOA of 26 September 2008 adopting the rules introduced to avoid 
double taxation within WAEMU and the rules governing tax assistance. 
52. A draft General Tax Code is currently being valid ated by the national authorities.  The draft 
has already been finalized by the tax services. WT/TPR/G/223 Trade Policy Review 
Page 16 
 
 
(5) A BETTER FRAMEWORK FOR THE PROTECTION OF INTELLECTUAL PROPERTY  
53. Intellectual property is governed by: 
 (i) The Bangui Agreement of 2 March 19 77 Establishing the African Intellectual 
Property Organization (OAPI), revised on 24 February 1999. 
 The Bangui Agreement represents the country's national industrial property legislation.  The 
regime established by this Agreement rests on four fundamental principles: 
- Uniform industrial property legislation for the 16 member States; - common industrial property office for the 16 States; - centralization of procedures so that a single title can cover all member States; 
- centralized documentation. 
54. The Agreement was revised in 1999 essentially becau se it had to be brought into line with the 
Agreement on Trade-Related Aspects of  Intellectual Property Rights (TRIPS). 
 (ii) In the copyright area: 55. The relevant texts are: 
 - Ordinance 93-027 of 30 March 1993 on copyri ght, related rights and expressions of 
folklore (Copyright Law); 
 - Law 95-019 of 8 December 1995 on the crea tion of a public professional institution, 
the Niger Copyright Office (BNDA); 
 - Decree No. 96-434/PRN/MCC of 9 November 1996 approving the Statute of the 
BNDA. 
(6) A
 BETTER FRAMEWORK FOR STANDARDIZATION  
56. A Department of Standardization, Quality and Metrology was set up within the Ministry of 
Trade, Industry and Standardization on 26 Novemb er 2001.  The functions and organization of this 
Department are laid down in Order No. 0032/MC/PSP/DNQM of 8 August 2002. 
57. A national system of standardization, accreditation and certification was created by Law 
No. 2002-028/PRN of 31 December 2002, and in  2008, the Standards Conformity Assessment 
Agency ( l'Agence de Vérification de Conformité aux Normes - AVCN ) was created. 
58. A programme is now under way in WAEMU with a view to instituting a system of 
accreditation of standards and quality assurance.  Th is programme aims to ensure harmonization of 
standards across WAEMU member States. 
(7) IMPROVED INVESTMENT PROMOTION  
59. Niger has introduced a series of measures and reforms with a view to strengthening the 
framework in which companies operate and offering foreign investors an attractive legal framework. Niger and Senegal WT/TPR/G/223 
 Page 17 
 
 
60. These efforts were reinforced by the conclusion of a number of bilateral investment 
promotion and protection agreements. 
61. The reforms consisted of: 
 - The creation of an investment promotion centre ( Centre de Promotion des 
investissements  - CPI) to assist investors; 
 - the creation of a business formalities centre ( Centre des Formalités des Entreprises  - 
CPE) to facilitate business formalities; 
 - the creation of the National Council for Private Investors ( Conseil national des 
Investisseurs privés  - CNIP), a framework for public -private consultation to hear 
complaints and find solutions; 
 - adaptation of the provisions of the I nvestment Code (instituted by Ordinance 
No. 89-19 of 8 December 1989, amended a nd supplemented by Ordinance 97-05 of 
27 February 1997, Ordinance 99-69 of  20 December 1999 and Law 2001-20 of 
12 July 2001;  Decree No. 90-123 of 3 May 1990 as amended by Decree No. 92-135( bis) of 9 April 1992 laying down the modes of enforcement of 
Ordinance 89-19 of 8 December 1989;  and Decree 2007-374 of 6 December 2007 
amending Decree 90-123 of 3 May 199 0 as regards duration) to economic 
developments, taking account of the refo rms relating to privatization and the 
emergence of new sectors such as  New Information and Communication 
Technologies (NICT). 
62. The Mining Code, rather than the Investment Code, forms the investment framework for the 
mining industry. 
(8) G
OVERNMENT PROCUREMENT AND THE NEW CHANGES  
63. In an effort to strengthen the legislative and regulatory framework and bring it into line with 
international standards, in particular th e WAEMU directives, the Government amended 
Ordinance 2002-007 of 18 September 2002 establishi ng the Government Procurement Code through 
the adoption of Ordinance 2008-006 of 21 February 2008.  These two ordinances provided a legal and 
institutional framework intended to guarantee the proper management of public funds while at the 
same time ensuring that public expenditure has a real impact on socio economic development and 
poverty reduction. 
64. Two bodies were created to that end: 
 - The Government Procurement Regulation Agency ( Agence de Régulation des 
Marchés Publics  - ARMP), a regulatory body created by Decree 2004-190/PRN/MEF 
of 8 July 2004 in conformity with Articles 122 and 123 of Ordinance 2007-007 of 18 September 2002 establishing a Governme nt Procurement Code for Niger; 
 - The Directorate-General for the Control of Government Procurement ( Direction 
Générale de contrôle des Marchés Publics  - DGCMP), a supervisory body created by 
Decree 2008-120/PRN/MEF of 9 May 2008 in accordance with Articles 122 and 123(bis) of Ordinance 2008-006 of 21 February 2008. WT/TPR/G/223 Trade Policy Review 
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V. AMBITIOUS PROJECTS 
(1) BUILDING AND PUBLIC WORKS , INFRASTRUCTURE  
65. The economic outlook for a number of projects in the mining, energy and infrastructure 
sectors is promising.  These projects include: 
• The Imourraren project, which will make Niger the second world producer of 
uranium; 
• construction of the Kandadji dam, thanks to  which the country will be self-sufficient 
in energy; 
• the Zinder oil refinery; 
• feasibility study and completion of the fina ncing required to deve lop the Salkadamna 
coal deposit, estimated at 30 million tonnes; 
• planned building of the gas pipeline Nigeria-Niger-Algeria to supply the countries 
crossed and Europe; 
• forthcoming construction of a new cement plant; 
• construction of a new refrigerated slaught erhouse in Niamey, with a capacity of 
40,000 tonnes of meat per year; 
• construction of a second bridge in Niamey. 
(2) TELECOMMUNICATIONS AND NEW TECHNOLOGIES  
66. The objectives pursued in the telecommunications area are: 
3 To increase the supply of telephone and Internet services and make 
telecommunication services available to the largest possible number of users, particularly in suburban and rural areas; 
3 to provide a variety of high-quality services at competitive prices that are more in line 
with real costs (full digitization of the network throughout the country by the end of 2010); 
3 to step up private and public productive investment in the telecommunications sector, 
favouring the installation of ISPs and other alternative operators; 
3 to improve the utilization of limited resources (frequencies); 
3 to develop the optical network along the country's trunk lines (prolongation of the 
fibre optic line from Dosso to Diffa and the Niamey-Tillabéry and Konni-Tahoua feeder lines, multiplication of optical access to  international networks by building the 
NIGER segment of the trans-Saharan FO project); 
3 to extend broadband Internet access (optical access, ADSL, WIMAX, WIFI, EV-DO) 
to all of the 255 communes of Niger; Niger and Senegal WT/TPR/G/223 
 Page 19 
 
 
3 to meet the Universal service objectives, pr ovision of suburban and rural services: 
- In other words, make universal te lephone and Internet access available upon 
request throughout the country; 
- the policy of universal access (community access) aims to make ICT services 
available at less than five minutes' walk throughout the populated areas of the 
country. 
3 To implement a stand-alone network (virtual ) linking all of the State institutions and 
their branch offices across the country with  content specific to each area (extended 
E-GOV); 
3 to promote telecommunications as an economic sector vital to the development of a 
competitive and outwardly open economy and to the services sector, which generates 
a significant portion of GDP; 
3 to pursue human resources development in the telecommunications industry. 
 
67. To that end, a High Commission for New Tec hnologies was created and the telephony sector 
was liberalized.  Four operators are currently presen t in the country.  Moreover, the sector now enjoys 
the advantages offered by the Investment Code, in particular the exemptions. 
(3) TRANSPORT  
68. The objectives pursued in the transport sector are: 
 - To improve access to basic services fo r the poorest segments of the population; 
 - to implement good governance; 
 - to modernize transport and traffic regulations;  - to build the capacity of the administration and of operators;  - to facilitate transport and transit along the main corridors;  - to improve the logistics chain;  - to step up efforts to combat road hazards; 
 - to protect the environment; 
 - to fight against STD/HIV/AIDS;  - to promote participatory sustainable development;  - to improve road safety;  - to reduce the country's internal and external remoteness; WT/TPR/G/223 Trade Policy Review 
Page 20 
 
 
 - to make the transport industry more dynamic; 
 - to promote the gender approach;  - to provide users with meteorological and climatic products;  - to improve the collection, processing and filing of meteorological and climatic data; 
 - to improve the weather watch and reporting network. 
(4) E
NERGY AND MINES  
 In the mining sector, the objectives pursued are: 
  - To diversify mining production; 
 - to continue current mining operations in a framework of mutually beneficial 
partnership; 
 - to create an environment favourable to national and foreign private investors in 
mining (basic geological infrastructure, geological and mining information system, secure tax and legal framework, etc.); 
 - to promote small-scale mining; 
 - to integrate the mining sector in the national, subregional and world economies; 
 - to enhance the value added of mi neral products through local processing; 
 - to control the marketing of mi nerals by small-scale operators. 
69. The following objectives have been  set for the energy sectors (electricity, renewable energies 
and hydrocarbons): 
 - To improve access to modern energy services for households; 
 - to increase national electricity coverage;  - to strengthen subregional energy inte gration through electrical interconnection; 
 - to continue to seek further financing for the construction of the Kandadji dam; 
 - to continue to seek financing to op en up the Salkadamna coal deposits for 
development; 
 - to pursue rural electrification through the Special Programme of the President of the 
Republic; 
 - to develop the AGADEM block oil field an d build the Zinder oil refinery, on which 
work was begun at the end of 2008; 
 - to promote alternatives to energy wood; Niger and Senegal WT/TPR/G/223 
 Page 21 
 
 
 - to promote renewable energy and natural energy other than wood. 
(5) ADMINISTRATIVE SYSTEMS :  A POLICY OF PROXIMITY AND DECONCENTRATION  
70. The basic territorial entity is the commune , which has legal pers onality and financial 
autonomy.  It is responsible for: 
 - Providing public services that meet the needs of the population and whose scale and 
nature does not warrant the involvement of the State, the region or the department; 
 - preserving and protecting the environment;  - building, developing and maintaining p ublic fountains and wells, slaughterhouses and 
driers, cultural centres, and socio-edu cational and sports infrastructure; 
 - promoting reading; 
 - managing integrated health centres and health points;  - participating in the building of basic cycle 1 schools, permanent centres and 
permanent posts; 
 - creating, equipping and supplying medicines to the health points;  - supporting the local economy and developi ng master plans for urban development; 
 - supporting development activities in the ar eas of agriculture, liv estock, fishing and 
hunting. 
71. Under Law 2002-017 of 11 June 2002 laying down the financial regime for the regions, 
departments and communes, the sources of financing for the communes are: 
 - Internal resources; 
 - direct and indirect taxes; 
 - remunerative taxes;  - income from property and wealth;  - income from the disposal of property and wealth assets;  - external resources;  - loans; 
 - subsidies; 
 - compensation paid to the community;  - grants and legacies; WT/TPR/G/223 Trade Policy Review 
Page 22 
 
 
 - decentralization support fund grants; 
 - contributions from the stabilization fund. 
VI. NEW SECTORAL IMPETUS 
(1) SUSTAINED GROWTH OF TOURISM  
72. The objective pursued in the tourism sector is the development of a National Strategy for 
Sustainable Development of Tourism (SNDDT) with a five-year operational action plan comprising five main components: 
 - Identification and development of new tourist sites;  - training and improvement in the quality of services; 
 - promotion and marketing; 
 - institutional support;  - development of local activities. 
(2) D
EVELOPMENT OF INDUSTRY AND SERVICES  
73. In the current context of globalization, indus trial policy is guided by two priorities: 
 - Building of a liberal economy based on private initiative; 
 - integration of the national economy in th e subregional and international economies. 
74. These industrial policy orientations are determined by the following objectives: 
 - To consolidate and integrate industrial activities;  - to develop nationa l production capacities; 
 - to develop industrial product exports; 
 - to redistribute income. 
75. The strategies defined to that end are: 
 - Upgrading of enterprises in general;  - improvement of the investment environment;  - revival and restructuring of enterprises that have shut down; 
 - promotion of local technologies; 
 - promotion of investment and development of SMEs/SMIs; Niger and Senegal WT/TPR/G/223 
 Page 23 
 
 
 - introduction of quality promotion structures; 
 - introduction of an information netw ork and strengthening of competition. 
(3) AN AMBITIOUS RURAL DEVELOPMENT STRATEGY (RDS) 
76. The overall aim of the RDS is "to reduce the in cidence of rural poverty from 66 to 52 per cent  
before 2015 by creating the conditions for sustai nable economic and social development that will 
guarantee food security for the population and the su stainable management of natural resources". 
77. To that end, three strategic priorities have been set: 
Strategic priority 1 :  Creating sustainable rural economic growth by providing rural 
producers with access to economic opportunities; 
 
Strategic priority 2 :  Securing the living conditions of communities through the sustainable 
management of natural res ources and improved food security; 
 
Strategic priority 3 :  Improving the management of the rural sector by building the 
capacities of rural institutions and organizations. 
 
(4) DEVELOPMENT OF THE CRAFTS SECTOR  
78. The objectives pursued in the crafts sector are: 
 - To build the capacity of craftsmen in  terms of organization, technical skills, 
management and innovation; 
 - to modernize their working tools and equipment; 
 - to introduce new financial instruments for the crafts sector;  - adapt taxation and social coverage to the specificities of the sector;  - to strengthen and modernize crafts areas and parks;  - develop and promote crafts products on the market. 
(5) D
ISTRIBUTION OF GOODS AND SERVICES  
79. Since the liberalization of domestic trade, partic ularly the marketing of agricultural products 
and prices, Niger has established a sound policy of ensuring the country's regular supply.  A stock 
monitoring mechanism was also introduced. 
(6) EXPORT DEVELOPMENT AND PROMOTION POLICY  
80. Niger does not grant any direct export subsidies.   Support is provided in some cases through 
export promotion programmes, inter alia :  assistance for participation in fairs and exhibitions 
organized in Niger or abroad;  organization of tr ade and market survey missions;  and training of 
economic operators. WT/TPR/G/223 Trade Policy Review 
Page 24 
 
 
81. Drawing on the lessons of the former Agro-Pastoral Export Promotion Project (APEPP) and 
in response to a requirement of the Diagnostic Tr ade Integration Study (DTIS), the World Bank once 
again granted support for the Agro-Silvo-Pastoral Markets and Export Development Project (PRODEX), which is currently being implemented. 
82. Following the APPEP, a Niger export promotion agency (ANIPEX) was created in the form 
of an association (bringing together the country's main  private exporters) in order to consolidate what 
the project had achieved. 
(7) F
ORMULATION AND REVIEW OF TRADE POLICIES  
83. In Niger, it is the Ministry of Trade, Industr y and Standardization that is chiefly responsible 
for framing and implementing trade policy.  Other mini sterial departments also play a significant part 
in policy making.  They include the Ministry of the Economy and Finance;  the Ministry of Foreign Affairs and Cooperation;  the Ministry of Mining and Energy;  the Ministry of Tourism and Handicrafts;  the Ministry of Transport and Civil Aviation;  the Ministry for the Promotion of Young Entrepreneurs and the Reform of State-Owned Comp anies;  the Ministry of National Competitiveness 
and the Fight Against the Rising Cost of Living;  the Ministry of African Integration;  the Ministry of 
Agricultural Development;  and the Ministry  of Livestock and the Animal Industries. 
 It should be noted that the Parliame nt is associated with these efforts. 
 84. The private sector also contributes to the fo rmulation and implementation of trade policy 
through the Chamber of Commerce, Industry, and Cr afts of Niger, the Nati onal Board of Users of 
Public Services, employer organizations and civil society. Niger and Senegal WT/TPR/G/223 
 Page 25 
 
 
REPORT BY SENEGAL 
 
I. INTRODUCTION 
1. Since its last trade policy review in 2003, Sene gal's open trade policy has been furthered by a 
steady drive towards an environment which fosters trade and investment, and determined support for 
the Doha Round negotiations at the World Trade Organization (WTO). 
2. The reforms undertaken in the context of the drive towards economic emergence have 
resulted over the years in the establishment of a world class business environment, as confirmed by the ranking obtained in the "Doing Business 2009" re port, where Senegal occupied first place among 
reforming African countries and fifth place globally.  These reforms are designed to make Senegal a 
prime destination for foreign direct investment (FDI). 
3. In addition, the macroeconomic environment h as been kept stable despite an unfavourable 
international context marked by a succession of seri ous oil, food and financial crises which impacted 
on both the world economy and Senegal itself. 
4. Today, Senegal is considered one of the b est performing sub-Saharan African countries in 
economic terms, having main tained a stable economic growth rate of roughly 4 per cent per year since 
the devaluation of the CFA franc (CFAF) in 1994. 
5. Senegal nevertheless continues to be concerned at  the persistence of the structural deficit in 
the trade balance, which compromises its devel opment efforts clearly defined in the Poverty 
Reduction Strategy Paper (PRSP) and the Accelerated Growth Strategy. 
6. Senegal is a politically stable country. 
II. ECONOMIC SITUATION AND OUTLOOK 
7. In 2008, Senegal's economic a nd financial situation was marked by a roughly 6 per cent 
increase in consumer prices for the second year in  succession.  The real GDP growth rate was 
estimated at 2.5 per cent in 2008 compared with 4.7 per cent in 2007, a slowdown attributable to the disappointing performance of the secondary sub sector, which declined by 2.7 per cent. 
8. The foreign trade balance recorded a current account deficit (including grants) estimated at 
11.6 per cent of GDP in 2008, or the same level as in 2007.  Excluding grants, it stood at 12 per cent of GDP in 2008. 
9. In the sphere of public finance, budget performan ce was marked by a slowdown in the rate of 
collection of budgetary revenue and an adjustment in government spending.  The public deficit rose 
from 3.5 per cent of GDP in 2007 to 4.6 per cent of GDP in 2008. 
10. With regard to the outlook for 2009, economic activity has suffered the effects of the 
persistent world economic and financia l crisis.  Overall, the real GDP gr owth rate is expected to reach 
1.5 per cent in 2009, compared with 2.5 per cent in 2008, reflecting the continued disappointing performance of the secondary sector and the slowdown in the tertiary sector. 
11. Foreign trade should show a reduction in the cu rrent account deficit as a result of a sharper 
fall in imports than in exports.  The external current  account deficit is expected to total 8.9 per cent of 
GDP compared with 11.6 per cent in 2008, a 2.7 per centage point improvement, due to the decline in WT/TPR/G/223 Trade Policy Review 
Page 26 
 
 
the trade deficit.  Excluding grants, the current acc ount deficit is expected to reach 9.1 per cent of 
GDP in 2009, as against 12 per cent in 2008. 
12. As regards public finance, fiscal manageme nt for 2009 should be characterized by a 
satisfactory level of revenue collection and a cautious  increase in public expend iture, with particular 
emphasis on social expenditure.  The budget deficit should amount to 4.2 per cent of GDP, a 0.4 per 
cent improvement over 2008. 
13. The continued implementation of the Grande offensive agricole pour la nourriture et 
l'abondance  - GOANA (Major Agricultural Offensive for Food Security) and the implementation of 
the fiscal consolidation action plan should serve  to remedy the domestic economic situation, 
particularly as a result of the improvement in the international economic environment. 
14. Moreover, the Commission of the West Afri can Economic and Monetary Union (WAEMU) 
took the decision to lower the policy rates of th e Central Bank of West African States (BCEAO).  
Thus, the BCEAO policy rate for Senegal was reduced  from 9 per cent to 7 per cent.  This reduction 
will enable the domestic commercial banks to strengthen their support for economic activity. 
III. SECTORAL POLICIES 
15. The Senegalese economy continues to be highly dependent on tertiary activities which, on 
average, accounted for 55.64 per cent of GDP form ation between 2000 and 2006 (including 19.27 per 
cent for the government administration sector), comp ared with 21.54 per cent for the secondary sector 
and 14.82 per cent for the primary sector. 
3.1 A GRICULTURAL SECTOR  
16. The template for agricultural policy continu es to be the Agro-Sylvo-Pastoral Framework 
Law (Law No. 2004-16 of 25 May 2004 on the Agro-Sylvo-Pastoral Framework Law). 
17. The law in question defines the main directions of agricultural policy.  It is aimed essentially 
at establishing attractive conditions and incentives in the rural environment, the promotion of family 
farming and the emergence of agricultural and rural businesses. 
18. In order to improve plant production, the G overnment introduced the Major Agricultural 
Offensive for Food Security (GOANA).  The main objectives of this programme are to meet the 
challenge of food sovereignty, obvi ate any risk of scarcity or famine and ensure plentiful production. 
19. This programme relies on four main lines of  approach:  the Retu rn to Agriculture 
Plan (REVA);  self-sufficiency in rice;  increased  production of cereals (maize, cassava, cowpeas and 
other cereals);  and development of the dairy sector. 
20. Stock breeding is a particular focus of govern ment attention, given its great potential for 
wealth creation and its contribution to food self-sufficiency. 
21. The policy implemented in this sector is aime d at providing enhanced protection for stock 
breeding, improving animal production facilities and marketing conditions  and strengthening the 
institutional framework. 
22. With regard to fisheries, the Fisheries and A quaculture Sector Policy Letter (LPS-PA) defines 
the basic principles of a new reform strategy for th e fisheries and aquaculture development sector up Niger and Senegal WT/TPR/G/223 
 Page 27 
 
 
to the year 2015.  The aim is to reorganize the fisheries sector and implement a policy for the 
sustainable management of fish resources, which are the country's number one export. 
3.2 I NDUSTRY AND SME S 
23. The Government has set itself the task of developing industry by improving the productivity 
and competitiveness of enterprises and reducing the costs of the factors of production.  In this 
connection, the Industrial Development Sector Policy Letter concerning the policy of industrial 
reorganization (PRI) is implemen ted by two main mechanisms, namely the upgrading of enterprises 
and endogenous industrial development. 
24. Upgrading offers a favourable framework for improving the key factors of business 
competitiveness.  The strategy consists in rais ing the level of business performance to meet 
international standards and requirements in re spect of competitiveness and compliance with 
environmental regulations. 
25. Endogenous industrial development aims at  developing internal production capacity, 
promoting synergies between the handicrafts and i ndustrial sectors, strengthe ning domestic industrial 
capabilities, rehabilitating and promoting industria l sites and establishing regional industrial 
development poles. 
26. In addition, the State has created a legal frame work by virtue of Framework Law No. 2008-29 
of 28 July 2008 on the promotion and developmen t of SMEs and an SME Sector Policy Letter 
accompanied by a plan of action entitled "SME Growth Programme". 
27. The back-up and support mechanism for SMEs is  more diversified and more efficient as a 
result of the strengthening of the capacity of the SME Development and Management 
Agency (ADEPME) and the establishment of a guarantee fund. 
3.3 M INING AND ENERGY  
28. Senegal has considerable mining potential.  The sector has hitherto been dominated by 
phosphates and phosphate derivatives (phosphoric acids and fertilizers).  Gold, iron, peat, industrial 
minerals and other mineral substances repr esent major opportunities for development. 
29. With a view to making the mining sector more  competitive, the Government has adopted an 
action plan, the main lines of which are defined in  the Mining Code.  The latter offers fiscal and 
customs concessions to investors and encourages the on-site exploitati on of mining products. 
30. The energy sector plays a major role in deve lopment inasmuch as the costs of this factor 
directly affect the competitiveness of enterprises.  For this reason, the Government has developed a 
strategy set out in the Energy Sector Developm ent Policy Letter.  The letter lays stress on the 
following three major objectives:  guaranteeing the s upply of energy to the country in sufficient 
quantity, under the most favourable conditions of qu ality and sustainability and at the lowest cost;  
broadening public access to modern energy service s;  and reducing the country's vulnerability to 
exogenous contingencies, particularly on the world oil market. 
3.4 T OURISM AND HANDICRAFTS  
31. In the tourism sector, Senegal now has a cohere nt strategy based on two reference documents, 
namely the Tourism Development Sector Po licy Letter (LPSDST) of September 2006 and the WT/TPR/G/223 Trade Policy Review 
Page 28 
 
 
Strategic Tourism Development Plan 2006-2015 (PSDT)  of 2006.  The strategy seeks to make tourism 
a high value-added sector. 
32. Handicrafts account for some 10 per cent of GDP  formation.  The sector's prospects in the 
years ahead include the following: 
 - Continued activities under the integrated programme for the construction of craft 
villages; 
 - continued activities under the craft products promotion project;  - rehabilitation and modernization of traini ng centres, and establishment of two training 
centres (site acquisition, servicing and de velopment, initiation of construction); 
 - establishment of the National Permanent Handicrafts Exhibition Centre; 
 - effective implementation of the Handicraft Products Labelling 
Programme (PROLABEL):  product labe lling, development of e-commerce. 
3.5 T
ELECOMMUNICATIONS  
33. The authorities' determination to promote this highly labour-intensive sector stems from the 
fact that Senegal enjoys specific comparativ e and competitive advantages which enhance its 
attractiveness for the development of projects,  particularly in the teleservices sector. 
34. Mention may be made, inter alia , of modern, available, efficient and affordable 
telecommunication infrastructures, know-how and the availability of human resources. 
35. The implementation of a proactive strategy of  telecommunications promotion has resulted in 
the sector becoming eligible for the new investme nt incentive scheme under th e Investment Code and 
the free export enterprise regime. 
36. It should be noted that the Government h as shown a long-standing political commitment to 
make information and communication technologi es (ICT) a tool for the development and 
modernization of the country.  This has resulted in the establishment of a set of institutions to 
supervise the sector, including in particular the Posts and Telecommunications Regulatory Agency. 
3.6 I NFORMAL SECTOR  
37. The informal sector occupies a very impor tant position in the Senegalese economy, 
accounting for 45 per cent of GDP generation.  In the context of its business support policy, the 
Government has set up approved management centr es since December 1995 to provide technical 
assistance to informal sector en terprises in the areas of management, training, information and 
taxation. 
IV. IMPROVEMENT OF THE BUSINESS CLIMATE AND NATIONAL 
 DEVELOPMENT STRATEGIES 
38. With a view to improving the business climate, Senegal has taken important steps to develop 
a world-class business environment and has implemen ted national economic development strategies. Niger and Senegal WT/TPR/G/223 
 Page 29 
 
 
4.1 I MPROVEMENT OF THE BUSINESS CLIMATE  
- Improvement of Customs Procedures 
39. The Customs Administration has undertaken a num ber of reforms relating in particular to: 
 - The development of computer systems to simplify and improve customs clearance 
procedures.  After several major innovations, this computerization process is close to 
completion following the introduction of the "portable" GAINDE system, which can be deployed in any environment. 
  - Establishment of an Automated Risk Anal ysis System (SIAR) aimed at developing a 
logical and systematic method and procedure for identifying, preventing and 
managing risks of fraud and other unlawful practices; 
  - Introduction of scanners to check suspect c ontainers.  Scanning is used to inspect 
containers concerning which Customs has information from which it may be 
presumed or suspected that illicit goods are being transported; 
 
 - Development of partnership with businesses, inter alia , through the opening of a 
Business Advice and Facilitation Office ( Bureau conseil aux entreprises et 
facilitation  - BCEF) in the Directorate-General of Customs, the establishment of a 
framework for consultation with the privat e sector in the form of a symposium and 
the signing of memoranda of understanding with enterprises based on simplified and 
personalized procedures; 
  - Customs economic regimes, with a view to  adapting the latter to the requirements of 
industry and commerce. 
 - Improvement of Judicial Procedures 
40. Regarding the improvement of the legal and judi cial environment, the implementation of the 
Justice Sector Programme, adopted in 2004 for a period of ten years, has led to the following 
advances: 
 - Increase in the number of judicial officers and court clerks; 
 - improved training of judicial officers, with the introduction of specialized modules:  
(i) civil and commercial court practice;  (ii) tax and customs proceedings;  (iii) intellectual property cases;  (iv) OHADA (Organization for the Harmonization of Business Law in Africa) harmonized law;  (v) banking disputes;  (vi) insurance disputes; 
 - construction of new courts in the interior of the country; 
 - reduction of the waiting time for regist ration in the Trade and Personal Property 
Credit Register (RCCM), now effected in real time in Dakar and within 24-48 hours in the regions; 
 - establishment of the legal framework for electronic trade, following the adoption of 
the law on electronic transactions and its implementing decrees. WT/TPR/G/223 Trade Policy Review 
Page 30 
 
 
- Coordination in the area of intellectual property 
41. Among the institutional adjustments that have contributed to more effective government 
coordination in the field of intellectual property, me ntion should be made of the reorganization of the 
legal framework, which has been implemented at several levels: 
 - Customs legislation:  a draft law on reform of the Customs Code is in the 
administrative pipeline and will amend certain provisions of the Code in order to make counterfeiting a customs offence.  At  the same time, a draft decree on customs 
withholding operations is under prepara tion, as is a further decree on the 
establishment of a national observatory to combat counterfeiting. 
 - Criminal Code and Code of Criminal Procedure:  penalties are to be introduced to 
combat counterfeiting and piracy; 
 - the National Bureau to Combat Piracy and Counterfeiting (BNLPC) was established 
in 2006.  The Bureau carries out inspections in the field to prevent and punish acts of 
piracy and counterfeiting; 
 - the law adopted in 2007 to provide better protection for copyright and related rights. 
42. At the African level, it is also planned to re vise the Bangui Agreement.  Among other things, 
the revision will involve: 
 - Taking into account the Doha Declaration on public health;  - development of border measures in the c ontext of action to combat counterfeiting; 
 - establishment of a mechanism to control anti-competitive practices in the context of 
contractual licences; 
 - establishment of comprehensive regulations  on co-ownership of patents and employee 
inventions. 
- Standardization policy 
43. With a view to establishing a quality-based standardization policy, the State has adopted a 
strategic plan for 2009-2011.  The strategic plan is aimed at: 
 - Developing a coherent and multisectoral co llection of relevant national standards at 
the national, regional a nd international levels; 
 - ensuring the engagement of stakeholders and promoting a culture of quality in the 
Senegalese public; 
 - raising awareness and enhancing the capacity  of small and medium-sized enterprises 
to contribute to the promotion of standardization and quality; 
 - promoting recourse to voluntary standards as an alternative solution or as backup to 
technical regulations; Niger and Senegal WT/TPR/G/223 
 Page 31 
 
 
 - calling upon the Senegalese Standards Association (ASN) to act as the recognized 
agency for national, regional and interna tional standards relating to conformity 
assessment; 
 - contributing to the enhanced compet itiveness of Senegalese companies on the 
domestic, regional and international market s through the "Senegalese quality label" 
and the certification of companies. 
44. Moreover, it should be noted that, in the c ontext of a policy aimed at improving access to 
foreign markets for Senegalese products, product qua lity control has been stepped up to ensure 
compliance with prevailing standards. 
45. Senegal also participates in the West Afri ca Quality Programme.  This programme, which 
supports the competitiveness and harmonization of me asures relating to TBT (technical barriers to 
trade) and SPS (sanitary and phytosanitary measures) in West Africa (WAEMU/ECOWAS 
(non-WAEMU)/Mauritania quality programme), has as  its overall aim to contribute to the gradual 
integration of the West African region in the world economy by strengthening regional economic 
integration and trade. 
46. Its specific objective is to strengthen th e competitiveness of co mpanies and ensure 
compliance with international trade rules and tec hnical regulations, particularly the WTO TBT and 
SPS Agreements, by strengthening national and re gional quality support infrastructures and providing 
standardization, metrology, conformity assessment  and accreditation services that meet international 
standards. 
- Reform of government procurement based on good governance 
47. In accordance with the new WAEMU guidelines and following the results of the analytical 
review of the procurement system completed in 2 003, important reforms have been implemented in 
recent years.  These reforms are designed to introduce good economic governance as a means of 
guaranteeing the efficiency of the public expenditure system. 
48. Two instruments have been adopted in the context of the reform of the government 
procurement process, namely Law No. 2006-16  of 30 June 2006 amending Law No. 65-51 of 
19 July 1965 on the Code of Government Oblig ations (COA);  and Decree No. 2007-545 of 
25 April 2007 on the Government Procurement Code (CMP). 
49. The main innovations of the Code of Gove rnment Obligations include the following: 
 - Elimination of all prior exemption regi mes, so that the Government Procurement 
Code is now the only refere nce document for procurement; 
 - adoption of fundamental principles applicable to government procurement procedures 
in order to ensure the effectiveness a nd proper use of public spending.  These 
principles include the obligation for public purchasers to define their needs in advance;  the existence of sufficient funds;  and respect for the principles of freedom 
of access to public orders, equal treatment of candidates and transparency of 
procedures. 
50. The Government Procurement Code (CMP) forms pa rt of an integrated approach designed to 
broaden the material and substantive scope of government contracting. WT/TPR/G/223 Trade Policy Review 
Page 32 
 
 
51. At the institutional level, two bodies have been  established:  the Government Procurement 
Regulatory Authority (ARMP) which plays a regulatory role in this field, and the Central Procurement 
Directorate (DCMP) responsible for prior c ontrol of government procurement procedures. 
- Strengthening of investment promotion 
52. The efforts undertaken since 2000 to improve the business climate and promote private 
investment are continuing to bear fruit.  The establishment of the Presidential Investment 
Council (CPI) since 2003 has made it possible to ins titutionalize a public/private partnership for the 
purpose of proposing reforms to promote private investment in Senegal.  Through the CPI, major reforms have been implemented:  simplification of  import and export procedures;  simplification of 
ownership transfer procedures with timescales  reduced from 114 to 18 days;  adoption of 
implementing regulations for the Labour Code;  s hortening, from 58 to 48 hours, of the time required 
for company formation. 
53. The next four years (2009-2012) will be devoted to implementing major projects in the 
mining and infrastructure sector.  The main focus will be on iron ore mines, the airport (DIASS), telecoms, the toll motorway, DP World (port of th e future), energy and the special economic zone. 
4.2 NATIONAL
 DEVELOPMENT  STRATEGIES 
54. The Government's economic and social projects are guided by the Poverty Reduction Strategy 
Paper (PRSP) which serves as a template for gove rnment policies and actions by financial and 
technical development partners.  Senegal is implementing its sec ond PRSP, which covers the period 
2006-2010 and is aligned on the Millennium Devel opment Goals (MDGs).  The PRSP provides for an 
accelerated growth strategy aimed at achieving economic growth in excess of 7 per cent per year. 
- Poverty Reduction Strategy Paper 
55. PRSP-II, adopted in 2006 and covering the peri od 2006-2010, is the Se negalese Government's 
template for the formulation of economic policies to  achieve growth and combat poverty.  In this 
connection, it serves as a basis for preparing sect oral development plans and public investment 
programmes and constitutes: 
 - A coordination tool to encourage pa rtnership among the various stakeholders; 
 - an instrument for mobilizing resources a nd refocusing State development activities on 
clearly defined objectives, coupled with performance and impact indicators; 
 - a framework for effective community development. 
- Accelerated growth strategy 
56. The accelerated growth strategy was devised on the basis of extensive consultations between 
the State, the private sector, civil society, development partners and the social partners.  It is primarily 
a framework for harmonizing sectoral policies and pr ogrammes.  In particular, it operationalizes the 
first strategic priority of the Poverty Reduction St rategy Paper (PRSP), namely "accelerated growth 
and wealth creation".  It relies on two vital components:  the establishment of a world-class 
environment and the identification a nd promotion of growth clusters. Niger and Senegal WT/TPR/G/223 
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57. A set of growth and employment clusters ca pable of serving as locomotives of economic 
development was selected on the basis of precise crit eria:  growth potential, creation of added value, 
job creation, export potential. 
58. These criteria were used to identify the fo llowing five cluster groups:  agriculture - 
agribusiness;  information and communication technologi es;  tourism;  cultural products and arts and 
crafts;  textiles and clothing;  and marine and fish farming products. 
- Export development and promotion strategy 
59. The purpose of Senegal's Export Developm ent and Promotion Strategy (STRADEX), 
instituted in 2001, is to build export supply capac ity and thus contribute to reducing poverty which is 
particularly severe in rural areas. 
60. The STRADEX is geared to making better u se of export potential, taking account of 
international demand.  The Senegalese Agency for Export Promotion (ASEPEX), established by 
Decree No. 2005-108 of 15 February 2005, is responsible for implementing the STRADEX. 
- Private sector support policy 
61. The difficulties faced by Senegalese companies in  gaining access to foreign markets, or even 
in dealing with competition from imported products, are general problems related to infrastructure, 
access to bank financing, weakness of support structur es to enable existing enterprises to comply with 
international standards and regulations, and inade quacy of production capacity to meet substantial 
demand. 
62. The establishment of a climate of trust vis-à-vis  the private sector, considered an important 
determinant of economic performance, is a major ch allenge to which the Government has decided to 
respond.  The aim is to strengthen the public aut horities' credibility in business circles and to establish 
a reputation for the State as being pro-private sector development. 
63. In this connection, the authorities are seeking to establish a world-class business environment 
in Senegal.  This ambition led to the deve lopment of the Private Sector Development 
Strategy (SDSP), which was adopted in 1999 a nd implemented in 2004, and which constitutes the 
template for encouraging private initiative and inv estment.  The programme set out under the strategy 
lays particular stress on the need to improve the effectiveness of State action. 
64. Implementation of this strategy has led to a substantial enhancemen t of the institutional 
support mechanism for the private sector, with the establishment of several support structures, 
including the Agency for the Promotion of Invest ment and Major Public Works (APIX), the Agency 
for Development and Support of SMEs (ADEPM E) and the Senegalese Export Promotion 
Agency (ASEPEX). 
V. SENEGAL'S PARTICIPATION IN INTERNATIONAL TRADE NEGOTIATIONS 
65. Senegal is a member of several subregiona l and regional organizations with political, 
technical, commercial, monetary and economic functi ons.  In the West African region, Senegal is a 
member of the WAEMU (West African Economic and Monetary Union) and ECOWAS (Economic 
Community of West African States), within whic h an EPA (Economic Partnership Agreement) is 
being negotiated between the European Union (EU) and West Africa. WT/TPR/G/223 Trade Policy Review 
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66. Senegal also takes part in WTO negotiations in the context of the implementation of the 
Doha Agenda. 
5.1 N EGOTIATIONS WITHIN THE WAEMU  AND ECOWAS 
- Finalization of the Common External Tariff (CET) 
67. The decision to extend the WAEMU Common External Tariff to the 15 member States of 
ECOWAS was adopted at the ECOW AS Conference of Heads of State and Government, held on 
12 January 2006, in Niamey. 
68. The ECOWAS CET follows the tariff structure of  the WAEMU CET, with four categories of 
agricultural, agro-industrial and in dustrial products subject to customs duties ranging from 0 to 20 per 
cent. 
69. Pursuant to the recommendations of the ECOWAS Heads of State and Government, a "fifth 
band" was created, to protect products with high local content potential, and was set at a rate of 35 per 
cent. 
70. In addition, the decision-making authoriti es of the WAEMU and ECOWAS envisage the 
establishment of a mechanism supplementary to the CET, which is designed to protect the regional 
economic fabric against unfair competition from third country imports, as well as to ward off the 
effects of external shocks or erratic fluc tuations in world prices and import surges. 
- Fiscal transition 
71. In anticipation of the signing of an EPA with th e European Union, the West African region is 
conducting work, inter alia  within the WAEMU, on a fiscal transition programme aimed at stemming 
any loss of revenue caused by the liberalization of tr ade with the EU as a result of the entry into force 
of the EPA.  The programme calls for consolidatio n of the common market, closer harmonization of 
indirect tax regimes, and harmonization of direct taxation with a view to broadening the tax base in 
the WAEMU region. 
72. It should be noted that ECOWAS has had to adopt a common regional investment framework 
and a regional competition policy framework in the context of the drive to strengthen the regional 
integration process. 
5.2 N EGOTIATION OF THE ECONOMIC PARTNERSHIP AGREEMENT  
73. Like the member countries of ECOWAS and Ma uritania, Senegal is participating in the 
negotiation of an Economic Partnership Agreem ent (EPA) with the European Union.  These 
negotiations, conducted by ECOWAS in collabora tion with the WAEMU, should result in the 
conclusion of an EPA which is consistent with WTO rules and should replace the Cotonou 
non-reciprocal preferential trade regime. 
74. With this aim in view, the chief negotiators of the West African region have been mandated 
by the ECOWAS Heads of State to conclude a comp rehensive, balanced EPA which takes account of 
the development concerns of the region.  Emphasi s is also placed on the need to preserve regional 
integration by supporting non-LDC countries which have initialled interim agreements. Niger and Senegal WT/TPR/G/223 
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75. The negotiations are continuing and are concerned, inter alia , with the text of the agreement, 
the offer of access to the West African regional mark et, rules of origin, trade-related issues, trade in 
services, and the EPA development programme (PAPED). 
5.3 N EGOTIATIONS AT THE WTO 
- Concerns and positions of Senegal 76. Senegal is not yet fully benefiting from its i nvolvement in the multilateral trading system.  
Our participation in the WTO trade negotiations, un der the Doha Agenda, is aimed at improving our 
conditions of market access and strengthening  our production capacities for the sake of more 
harmonious integration into world trade. 
77. In this connection, Senegal welcomes the deci sion taken to exempt the LDCs from any tariff 
reduction.  Nevertheless, Senegal is in favour of: 
 - Rapid implementation of the special saf eguard mechanism (SSM) granted to the 
LDCs to protect their agricultural sectors that are under serious threat from imports 
from developed countries; 
 - the possibility for the LDCs to adopt suppor t measures, even if they did not use such 
measures during the reference period, to combat poverty, minimize the impact of 
price volatility and increase productivity; 
 - strengthening production and supply cap acity, including export diversification; 
 - implementation of duty-free and quota-free access to the markets of developed 
countries and those of developing countri es able to provide such access, on a 
sustainable basis; 
 - simplification and harmonization of preferential rules of origin;  - appropriate treatment of matters relating to the offer of LDCs, such as the effective 
implementation of the provisions of th e SPS and TBT Agreements relating to 
technical assistance for capacity building in  the developing countries and the LDCs; 
 - appropriate handling of the threat posed by  preference erosion, which concerns all the 
ACP countries; 
 - implementation of the ministerial decisions on services which invite the developed 
countries to open up those sectors and modes of supply that offer benefits to the LDCs. 
 -  implementation of the amendment of 6 December 2005 to Article 31 of the 
Agreement on Trade-Related Aspects of Intellectual Property Rights.  The main 
purpose of this amendment is to enable th e poorest countries, that are incapable of 
manufacturing drugs domestically, to have access to cheaper generic drugs produced 
under compulsory licence. WT/TPR/G/223 Trade Policy Review 
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- Technical assistance needs (supporting action matrix) 
• Enhanced Integrated Framework 
78. As a least developed country, Se negal intends to take advant age of the programme governed 
by the Integrated Framework for Trade-Related Technical Assistance in order to increase its 
production and supply capacities and to  become better integrated in the multilateral trading system. 
79. Accordingly, Senegal is endeavouring to id entify priority projects and programmes for 
submission to the bilateral and multilateral developm ent partners with a view to the provision of 
funding.  To that end and in accordance with the "g uidelines" of the Enhanced Integrated Framework, 
the Ministry of Trade is in the process of establishing the institutional mechanism. 
80. Senegal is working to update its Diagnostic Trade Integration Study (DTIS) dating from 
2002.  The action matrix will also be reviewed to ta ke account of the Government's current concerns 
in respect of economic and social development. 
• Aid for Trade 
81. In accordance with Article 57 of the Hong Kong Ministerial Declaration, Senegal is working 
to operationalize Aid for Trade.  In this context, Senegal has participated actively in the two sessions 
devoted to the Global Review of Aid for Trade. 
82. Moreover, at the subregional level, Senegal is pa rticipating in the work carried out within the 
WAEMU to identify capacity-building projects and programmes considered as trade-related 
development priorities. 
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